[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston:
Art. I, 8-30-1994 as L.L. No. 11-1994; Art. II, 12-12-1994 as L.L. No. 15-1994.
Amendments noted where applicable.]
GENERAL REFERENCES
Water Authority Franchise — See Ch. A208.
[Adopted 8-30-1994 as L.L.
No. 11-1994]
A.
The New York State Legislature has found that the potable
water for the northern portion of the Great Neck peninsula is derived from
aquifers which are the sole source of water for all of Long Island. The New
York State Legislature has further found that the issues of contamination
and conservation of the aquifers and the need to better manage the groundwater
system on the north of the Great Neck peninsula (which had been operated by
a private utility until 1985) were of such statewide concern that the Legislature
heretofore created the Water Authority of Great Neck North. It was the expressed
hope of the State Legislature in establishing the Authority that the Authority
would not only protect, preserve and enhance the quality and quantity of the
water within its supply area, but would also serve as a model and leader for
other water suppliers to better manage, conserve and protect the groundwaters
within and outside its supply areas. Said Authority, after investigating water
conservation and regulation programs, has recommended that all of the municipalities
within or partially within the jurisdiction of the Water Authority of Great
Neck North adopt water conservation regulations substantially similar to those
contained in this Article.
B.
The Board of Trustees of the Village of Thomaston hereby
determines that it would be in the best interest of the health, safety and
welfare of the inhabitants of the Village of Thomaston to adopt said water
conservation regulations and to make the same applicable to the entire Village
of Thomaston, including properties which obtain water from sources other than
the Water Authority of Great Neck North.
As used in this Article, the following terms shall have the meanings
indicated, except where the context demonstrates otherwise:
The Water Authority of Great Neck North.
One (1) or more tubes, pipes or hoses, or any combination thereof,
and all accessory valves, sprinklers and other devices, if any, which are
used to transport and release water for the purpose of irrigation.
Any individual, firm, entity or other organization of any kind, including
municipal districts, municipal corporations and public authorities.
A rain or soil moisture sensor capable of interrupting the operation
of an irrigation system when watering, as determined by the sensor, is not
required by virtue of rain or soil moisture, in accordance with the following
suggested criteria:
A rain sensor shall be a type capable of detecting a minimum of one-eighth
(1/8) inch of rainfall, and automatically interrupting and preventing the
irrigation system from operating. A rain sensor shall further be capable of
allowing the rainfall to evaporate and, when sufficient evaporation has occurred,
to automatically reset and allow continuation of normal irrigation in accordance
with the programmed schedule. The rain sensor shall be set to interrupt and
prevent the irrigation system from operating at a measure of rainfall no greater
than the measure designated by the Board of Trustees by resolution.
A moisture sensor shall be of a type capable of detecting the matric
potential of the soil in which it is used and automatically interrupting and
preventing the irrigation system from operating at a pressure no greater than
the pressure designated by the Board of Trustees by resolution.
The Incorporated Village of Thomaston.
Any water obtained from the Authority, or from underground within
the Water Authority of Great Neck North District, or from underground otherwise
within the Village of Thomaston.
A.
This Article shall apply to all persons using water in
the Village of Thomaston, whether or not such person using water shall have
a contract in its own name for water service within the village.
B.
In any prosecution for any violation of this Article,
it shall be an affirmative defense that the alleged violation did not involve
the use of water obtained from either the Authority, or from underground within
the Water Authority of Great Neck North District, or from underground otherwise
within the Village of Thomaston.
[Amended 6-26-1996 by L.L.
No. 9-1996]
A.
No irrigation system shall be used on or between such
hours as the Board of Trustees may designate by resolution, from time to time.
Notice of the adoption of such resolution, or any amendments thereto, shall
be published once in the official newspaper of the village; provided, however,
that failure to make such publication shall not affect the validity or enforcement
of such resolution or amendments.
B.
No irrigation system shall be used prior to April 15
or after November 1 in any calendar year.
C.
Irrigation by the day of the week. No irrigation system
shall be used on any day except the days indicated hereinafter, depending
upon the number address of the premises where the irrigation system is located:
D.
Irrigation by the odd/even day of the week.
(1)
The owner or occupant of any premises where an irrigation system was equipped on April 15, 1996, with a control device which could not be set to automatically irrigate on the schedule set forth in Subsection C hereof may apply for an exemption from the schedule set forth in such subsection, which exemption shall remain in effect for so long as such control device continues to be used to control for such irrigation system. During the period of any such exemption, the irrigation system at such premises may be used only in accordance with the following schedule, depending upon the number address of the premises where the irrigation system is located:
(2)
Provided, however, that no irrigation system shall be
used on any premises more than three (3) days in any one (1) calendar week.
E.
Exemptions.
(1)
Any owner or occupant of premises who seeks an exemption as provided in Subsection D hereof shall file with the Authority a signed, written application for such exemption, including the following:
(2)
Such exemption, if approved, shall continue until the control device is removed or replaced and may be renewed for so long as such control device continues to be used for said irrigation system. No such control device shall be removed or replaced unless the new or replacement control device can conform to the requirements of Subsection C hereof, and upon the installation of such new or replacement control device said exemption shall terminate without any further action by the Authority or the village. In the event of any such replacement or removal, the owner of the control device promptly shall advise the Village Clerk and the Authority. As used in this subsection, the term "removal" shall not include temporary removal for purposes of repair.
(3)
Upon the approval by the Authority of an exemption upon
application as provided in this section, the owner or occupant of the premises
for which such exemption is approved shall file a copy of such approval with
the Village Clerk and upon such filing the exemption shall be applicable as
provided in this section.
A.
On or after April 15, 1995, no person shall use an irrigation
system in the village with any type of device which automatically turns the
system on and/or off unless such irrigation system is controlled by a properly
working sensor.
B.
In the event that the village has reasonable cause to
believe that an irrigation system is not controlled by a properly working
sensor as required by this Article, notice by registered or certified mail,
return receipt requested, shall be given to the owner and/or tenant of the
premises where such irrigation system is located or to the person under whose
name the account for such water is listed with the Authority or other body
controlling the source from which such water is obtained, requiring that the
owner and/or tenant submit a certification, in a form supplied by the village,
that an irrigation system is controlled by a properly working sensor as required
by this Article or that an irrigation system does not exist on the property.
The failure of such owner to submit the required certification within fifteen
(15) days of the mailing of said notice shall be punishable as a violation.
A false statement in such certification shall be punishable as provided in
the Penal Law for a false statement made under oath.
A.
It shall be unlawful for any person to commit, permit
or allow any violation of this Article on any premises in the village.
B.
Any person who violates any provision of this Article
shall be punishable as provided for violations of this Village Code.[1] Each violation of each provision of this Article shall be deemed
a separate offense and each such offense subject to punishment as provided
in this Code. Each day that a violation of the same provision of this Article
continues shall be deemed a separate offense.
C.
Any Judge or Justice who imposes sentence upon any person
for violating any provision of this Article may require, as a condition of
probation or as a condition of discharge, pursuant to Penal Law § 65.10,
that any such person who has or uses a fixed, in place, irrigation system
modify such irrigation system by installing, at such person's sole cost and
expense, a separate waterline and water meter for such system.
[Adopted 12-12-1994 as L.L.
No. 15-1994]
The State Legislature heretofore has found that the potable water for
the northern portion of the Great Neck peninsula is derived from aquifers
which are the sole source of water for all of Long Island and that the issues
of contamination and conservation of the aquifers, and the need to better
manage the groundwater system on the Great Neck peninsula, which had been
operated by a private utility in 1985, are of statewide concern. By reason
thereof, the State Legislature has created the Water Authority of Great Neck
North ("Authority"), with the purposes of protecting, preserving and enhancing
the quality and quantity of the water within the Authority's supply area and
to serve as a a model and leader for other water suppliers to better manage,
conserve and protect the groundwaters within and outside their respective
supply areas. After investigating water conservation, regulation and management
programs, the Authority has recommended that all of the municipalities within
or partially within the Water Authority of Great Neck North District adopt
regulations prohibiting drilling, digging or tapping into any aquifers or
other subsurface source of water in order to avoid the possibility of contamination
to the aquifer systems, pumping which could adversely affect salt water intrusion
into the public supply wells and unregulated overpumping which could adversely
deplete supply facilities and affect the delicate balance of pumping from
public supply wells. Upon review of such proposed water conservation measures,
the Board of Trustees hereby finds and determines that it would be in the
best interest of the health, safety and welfare of the inhabitants of the
village to adopt the regulations contained in this Article in order to better
protect the water supply for residents of the village, whether such water
is supplied by the Water Authority of Great Neck North or any other supplier.
No person, firm or entity shall drill, dig or tap into any aquifer or
other subsurface source of water within the village without having first obtained
a permit from the Board of Trustees. Notwithstanding the foregoing, no permit
for such activity shall be required where such activity is conducted by a
municipal corporation, a public benefit corporation, a district corporation
or the New York State Department of Environmental Conservation.
A.
A permit may be granted by the Board of Trustees to authorize
drilling, digging or tapping into an aquifer or other subsurface source of
water within the village only upon written application, demonstrating the
need for such activity. Each such application shall be accompanied by the
written consent of the public benefit corporation or district corporation
charged with the responsibility to supply water to the property where such
activity is proposed to be conducted. Such application for permit may be granted
only upon a finding that the proposed activity will not have a substantial
adverse affect upon the water supply or the quality or quantity of water.
B.
Notwithstanding the foregoing, the Board of Trustees
may grant such an application for a permit in an appropriate case without
the approval of the public benefit corporation or district corporation charged
with the supply of water to the property where the activity is proposed to
be conducted, after a public hearing on the application for such permit. Notice
of such hearing shall be given in the same manner as required for adoption
of a local law, and written notice of which shall also be given, at least
ten (10) days prior to the date of said public hearing, to each public benefit
corporation or district corporation charged with the supply of water to the
property where the activity is proposed to be conducted. Such application
for permit may be granted without the approval of any such public benefit
corporation or district corporation only upon a finding that the proposed
activity will not have a substantial adverse affect upon the water supply
or the quality or quantity of water, and upon a finding that failure to approve
such permit will cause unusual hardship to the applicant.
C.
Any permit granted pursuant to this chapter may be made
subject to reasonable conditions imposed thereon by the Board of Trustees
and may be suspended or revoked by the Board of Trustees in the event of noncompliance
with any of said conditions.